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Order Granting Preliminary Injunction and Appointing Receiver - The ...

Order Granting Preliminary Injunction and Appointing Receiver - The ...

distributions in respect

distributions in respect of their equity interests in the Receivership Entities received on orafter November 20,2008, net of any amounts payable in respect of valid secured equitypledges, no creditor or claimant of Fisher or Gutzler shall take any action or file any lawsuitagainst Fisher or Gutzler related in any way to the Receivership Entities without further orderof the Court. Notwithstanding the provisions of this paragraph, the Commission is expresslypermitted to pursue any actions or lawsuits against Fisher or Gutzler it deems necessarywithout further order of the Court.VII.IT IS FURTHER ORDERED that except for any act of, or exceeding, grossnegligence, and to the fullest extent permitted by law or any applicable code of professionalconduct, the Receiver, the CRO, the UCC, the TICC, and the MC, and the respectiveprofessionals retained by any of them, and SHSL and BHB, shall not be liable for any loss ordamage incurred by any of the Defendants, Relief Defendants or Receivership Entities, theirofficers, agents, servants, employees and attorneys, investors, vendors, or any other person,nor be subject to any right of action, by reason of any act performed or omitted to beperformed by any of them, or by the professionals retained by them, in connection with thedischarge of their duties and responsibilities post-receivership. The Receiver shall not haveany responsibility ox liability for taxes in connection with operations of the ReceivershipEntities. No bond shall be required in connection with the appointment of the Receiver, theCRO, or the MC. Notwithstanding the provisions of this paragraph, the Commission isexpressly permitted to pursue any actions or lawsuits against the CRO, and Harder, and therespective professionals retained by any of them for any acts or omissions that constituteviolations of the federal securities laws.IT IS FURTHER ORDERED that Defendants, Relief Defendants and ReceivershipEntities and their officers, agents, servants, employees, attorneys who receive actual notice ofBullivantlHouserlBailey PC300 Pmueer Tower888 SW Fifth AvenuePorthd, (Xegon 972044089Tcltnb~lt: 543.228.6351[PROPOSED] ORDER GRANTING PRELIMINARY INJUNCTION ANDAPPOINTING RECEIVERPage 8

this Order, by personal service or otherwise, and each of them, be and hereby are restrainedand enjoined from, directly or indirectly, destroying, mutilating, concealing, transferring,altering, or otherwise disposing of, in any manner, any documents, including all books,records, computer programs, computer files, computer printouts, contracts, correspondence,memoranda, brochures, or any other documents of any kind in their possession, custody orcontrol, however created, produced, or stored (manually, mechanically, electronically, orotherwise), pertaining in any manner to Defendants and the Receivership Entities.IX.IT IS FURTHER ORDERED that hnds controlled by the CRO in connection withthe Lone Star sale attributable to distributions to Harder, Fisher and Gutzler shall beavailable to the Receiver, in an amount not to exceed $2,000,000, to pay the Receiver'scompensation and expenses and to pay the compensation and expenses of the professionalshired by the Receiver, including counsel to the Receiver and other persons, includingaccountants, attorneys, special litigation counsel and experts, to assist in the carrying out ofthe Receiver's duties and responsibilities hereunder. The Receiver shall reimburse the CROfor all such funds made available to the Receiver under this paragraph IX as soon aspracticable from proceeds of claims collected by the Receiver.X.IT IS FURTHER ORDERED that funds controlled by the CRO in connection withthe Lone Star sale attributable to distributions to Harder shall be made available to the CROfor the purposes and manner set forth in the Motion for an Order Approving Stipulation foran Order Regarding Debtor's Motion to Approve Interim and Final Use of Lone Star SaleProceeds and Approving Settlement currently on file in the Bankruptcy Action and set forhearing on April 3,2009, if approved by the Bankruptcy Court. Harder's interest in theproceeds from the Lone Star sale and from the sales of any Receivership Entities, includingbut not limited to his member interest, partnership interest, and any and all other interests,3W pioneer Tower888 SW Fifth AvenuePonlPmd. Orsgon 97204.2089Telephune: 503228.6351[PROPOSED] ORDER GRANTING PRELIMINARY INJUNCTION ANDAPPOINTING RECEIVERPage 9

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